On Structuring The System Of Victim-offender Mediation In Our Country

Contrary to the traditional criminal judicial dispute resolution mechanism, victim-offender mediation system is a kind of new mode to solve dispute for adapting to the social development. It plays a vital role in protecting the interests of both parties and repairing damaged social relationship. Driven by diversification efforts of people's solving the contradictions through judicial system, the victim-offender mediation system emerged. This paper summarizes the concept, characteristic of victim-offender mediation and the system status of the foreign representative countries, analyzes the necessity and feasibility of building victim-offender mediation system and does theoretical discourse for the structuring of victim-offender mediation system. Specifically, this thesis is divided into 4 parts:Part-1 is the overview of victim-offender mediation system. This chapter is divided into three parts. The first part introduces the concept and characteristic of victim-offender mediation system. Based on the existing two views, the author redefines the concept of victim-offender mediation, that is, certain cases in criminal procedure and operating process allow inflictor to get the understanding of the victim through confession, compensation, and apology and to reach a settlement agreement with the victim between the victim and inflictor (namely the defendant or suspect) under the help of the mediator. National specialized organ shall not inquire into criminal responsibility of inflictor, does lighter punishment or makes inflictor exempted from punishment. Such kind of handling cases way is called victim-offender mediation. The author elaborates the development situation of victim-offender mediation system beyond seas after the narration of the characteristic of the system as well as the distinctions among people's mediation, settlement in private and plea bargaining.Part-2 is the analysis of necessity of victim-offender mediation system. This section includes two parts. The first part is the summarized analysis of the current legal system problems. The second part is the analysis of necessity of important significance of the settlement of our value concept of social transition, the criminal judicial problems that we will face as well as our legal system modernization in the context of globalization. Part-3 is the analysis of feasibility of victim-offender mediation system. According to our national and cultural background, it summarized the feasibility that our country applies victim-offender mediation. The first one is historical and cultural basis of harmony, cautious punishment; the second one is the folk, judicial practice basis; three is about the victim protection law basis.Part-4 is the structuring of victim-offender mediation system in China. This chapter as the key section, the author expounds two points. The first point is basic principle of victim-offender mediation system constructed in China, namely the mutual voluntary principle, victim-offender mediation legitimacy principle and applies for secret principle. The second one is system designing of our country's constructing victim-offender mediation system including the applied condition and stage of victim-offender mediation system as well as legal supervision and legal validity.